• Buying agricultural land

My sister does not live with her husband from 8 years. She has not even seen her husband.  they are not legally divorced however.  
She wants to buy agricultural land and do agriculture in it.  She is not working anywhere and has no income.  source for this purchase is from her ornaments that we gave her during her marriage.  

Can she buy ? If yes, what is the procedure.. Please explain.
Asked 1 year ago in Property Law from Mysore, Karnatka
Religion: Hindu
Hi
Your sister can by land in her name
Unless divorced her husband and children will be her legal heir after her death.
If she wants she can make a Will that deciding the right of the said property after her life. Legally there is no restrictions to buy if she does not have other land beyond allotted limit as the provisions of your state.
It is best idea 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) your sister has not taken divorce from her husband 

2) she continues to be legally married 

3) hence her husband income will be considered

4) under section 79 (2) of Karnataka land reform act the aggregate income of all members of family from source other than agriculture shall be income of family 

5) your sister can purchase agrictural land only if the income from no agricultural sources is not more than Rs 2 lakhs per annum and if she is an agriculturist 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
KARNATAKA LAND REFORMS

SECTION 79A (1) TO (2):-NO ONE CAN ACQUIRE AGRICULTURAL LAND IN KARNATAKA WHOSE ANNUAL NON AGRICULTURAL INCOME IS TWO LAKH RUPEES AND ABOVE:-
On and from 20-10-1995,no person who or a family or a joint family which has an assured annual income of not lessthan rupees two lakhs from sources other than agricultural lands shall be entitled toacquire any land whether as land owner, landlord, tenant or mortgagee with possession orotherwise or partly in one capacity and partly in another.


INCOME HOW CALCULATED
The aggregate income of all the members of a family or a joint family from sources otherthan agricultural land shall be deemed to be income of the family or joint family, as the casemay be, from such sources during a period of five consecutive years preceding such day. Aperson who or a family or a joint family which has been assessed to income tax under theIncome Tax Act, on an yearly total income of not less than rupees two lakhs for fiveconsecutive years shall be deemed to have an average annual income of not less thanrupees two lakhs from sources other than agricultural lands.
SECTION 2[(12)
"Family"means,
 (a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;(b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters;(c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sonsand unmarried daughters, whether in his custody or not; and(d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters;
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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A. Unless get the divorce from the husband that it can be deemed still marriage is exist. However, in case her husband missed since 7 years that would be presumed that he is died subject to establishment of documentary evidence or police complaint.

B. By virtue of the existence of marriage, your sister husband income would be considered while purchasing agricultural land. Therefore, any person in Karnataka would like to purchase agricultural land that person or family income shall not exceed more than 2 lakh per annum other than agricultural sources.

C. Generally, one person would like to purchase agricultural land that he must be an agriculturist or his/her family ancestor must have agricultural land in anywhere in India.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
1 an adult person in India has constitutional rights on property. Hence she can buy land for farming.
2. Alternatively she can file case for maintenance from her husband. In absence of her income her husband is legally bound to provide maintenance to her.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. She can not buy any piece of agricultural land at Karnataka if she is not an agriculturist or belongs by birth to an agricultural family,

2. She can buy agricultural land in the name of an agriculturist who is in her command/control and do agriculture on the said land,

3. However, the above procedure will be risky since the said person may claim ownership of the land afterwards.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Agricultural land can be bought in Karnataka after fulfilling certain requirements.

These include:

The annual average income of the person including agricultural income should be less than Rs 2 lakhs.

The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.As per Section 79A of the Karnataka Land Reforms Act 1961, the non-agricultural income of a purchaser who must be an agriculturist should not exceed Rs 2 lakhs per year. Sale of land granted to members of scheduled caste and tribe is not allowed. Also, sale of land granted by the government is not allowed for a period of 15 years. Agricultural land can be used only for agricultural purposes and no other purposes. 
Only agriculturists and agricultural workers whose average annual income is less than Rs 2 lakhs are entitled to own agricultural lands in Karnataka.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. Agricultural land can be bought in Karnataka after fulfilling certain requirements. The annual average income of the person including agricultural income should be less than Rs 2 lakhs. The person must have had an agricultural land in his name before the year 1974. The person should be an agriculturist or an agricultural worker by profession.

2. If your sister fulfills the above criteria then alone she can purchase agricultural land.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. your question is incomplete, if no person has seen or heard anything about her husband then after the lapse of 7 years her husband is deemed to be judicial death. means after lapse of 7 years your sister can remarriage.

2. your question is about her capacity to buy agriculture land. if she buys any property out of her stridhan (means ornaments or any gift she had received at or after the marriage) that property shall be treated her self acquired property and no one can claim any right in it. 

3. she has absolute right to alienate her ornaments and other stridhan .

4. In hindu personal law  stridhan is those properties which is given to wife or bride by any person, even her husband gave any gift to her then it shall be her stridhan. Husband has no right to take it back.    
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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